Brusco v. Brusco

The plaintiff co-tenant brought this partition suit against his co-tenant and Frances Brusco, who holds a dower interest in the defendant co-tenant’s undivided interest. The parties agreed that partition was desirable. The only issue is whether plaintiff is entitled to one-half the amount expended by him on improvements, repairs, and taxes on the property. The trial court, sitting without a jury, awarded plaintiff $406.16. Plaintiff appeals, contending he is entitled to a substantially greater sum.

The property was originally owned by Giacomo Brusco. In 1915 Giacomo mortgaged the property. In…